However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

On February 14, 2008, the Defendant received a summary order of KRW 1 million as a crime of violation of the Road Traffic Act from the Incheon District Court, and a summary order of KRW 4 million as a fine in the same court on November 7, 2013, respectively.

Although the Defendant had been able to violate the provision on the prohibition of driving under the influence of alcohol two times or more, the Defendant driven a rocketing car at around 23:19 on March 28, 2019, under the influence of alcohol 0.173% from a 1km section from the front side of Gyeyang-gu Incheon Gyeyang-gu to the front side of the Incheon Bupyeong-gu, Incheon.

Summary of Evidence

1. Statement by the defendant in court;

1. A written appraisal of blood alcohol;

1. A report on detection of a host driver;

1. Previous records: Application of criminal records and other inquiries and other Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (amended by Act No. 16307, Dec. 24, 2018; Act No. 16307, Jun. 25, 2019);

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2009Da15488, Apr. 1, 2009)

1. Article 62 (1) of the Criminal Act ( repeatedly considering the preceding conditions);

1. Article 62-2 (1) of the Criminal Act to attend lectures;